Zoo's dinosaur gets eviction notice from San Juan

July 5, 2012

Updated Aug. 21, 2013 1:17 p.m.

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James Bright, 6, of Lake Forest climbs on a playground in front of a 13-foot-tall dinosaur statue that was put up at Zoomars Petting Zoo on Los Rios Street in San Juan Capistrano. The Capistrano Historical Alliance Committee and city staff want it removed. PAUL BERSEBACH, REGISTER FILE PHOTO

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Reinier Vantonder of San Diego feeds a carrot to a zedonk, a cross between a donkey and a zebra, as a 13-foot-tall dinosaur replica stands in the background at Zoomars Petting Zoo in San Juan Capistrano. PAUL BERSEBACH, REGISTER FILE PHOTOI

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This 13-foot-tall, 40-foot-long replica apatosaurus at Zoomars Petting Zoo has led to controversy over whether it fits the historic character of San Juan Capistrano's Los Rios Street. PAUL BERSEBACH, REGISTER FILE PHOTO

James Bright, 6, of Lake Forest climbs on a playground in front of a 13-foot-tall dinosaur statue that was put up at Zoomars Petting Zoo on Los Rios Street in San Juan Capistrano. The Capistrano Historical Alliance Committee and city staff want it removed.PAUL BERSEBACH, REGISTER FILE PHOTO

• Submit a proposed amendment to the Los Rios Specific Plan, which guides land use and development in that area of town. That would cost Franks $5,000 in fees.

Under the second and third options, the statue could stay pending a decision on the appeal or amendment.

Franks said she will choose the appeal.

"I don't think the dinosaur should go," she said. "I think he belongs where he is."

If the Planning Commission gives the dinosaur a "stay," Franks still would need to apply for building permits in order to keep it. The commission's next scheduled meeting is Tuesday. If the panel denies her appeal, Franks said she could take it to the City Council, which next meets July 17.

Grant Taylor, San Juan's director of development services, said the city sent Franks a letter highlighting city staff's problems with the dinosaur's installation, which was completed June 13 without city zoning approval and building permits.

"The decision on the Zoomars dinosaur was based on provisions set forth in the San Juan Capistrano Municipal Code, Los Rios Specific Plan and California Building Code," Taylor said.

One of the problems spelled out in the letter is that the dinosaur doesn't fit the historical character of the Los Rios District – the main argument of the Capistrano Historical Alliance Committee, a group of longtime residents who demanded the statue's removal.

The city added that the statue is a major modification to a landmark (the Los Rios area is on the National Register of Historic Places), making it subject to review by the Cultural Heritage Commission. Also, the dinosaur's height exceeds the tallest building on the property, a violation of the municipal code.

"Given the overall purpose of the Los Rios Specific Plan to focus on the history of the area over the last 230 years, the dinosaur structure clearly does not reinforce the rural and historical character of the area," the letter stated. "The dinosaur structure is not similar nor related in any respect to these permitted or conditional uses within the district."

The Historical Alliance Committee, composed of residents whose families have lived in San Juan Capistrano for generations dating to the original mission days, released a statement Wednesday applauding the city's action.

The committee is "extremely pleased with the city's most recent strong, official response to Zoomars regarding the illegal installation of the dinosaur," the statement read. "We commend the city for stepping up and defending the historical integrity, the culture, the character and the families of Los Rios Street and all it represents."

Franks said attendance at the zoo has reached all-time highs and that there is plenty of community support for its new attraction. In a recent Orange County Register online poll, 86 percent of the more than 500 voters said the dinosaur should be allowed to stay.

"We would like to thank the community, our friends and farm fans who have shown their overwhelming support for our apatosaurus," Franks said in a statement Wednesday.

"It's going to cost us a lot of money to do the work for the building permit," said Franks, who estimated the cost at $1,000. "But it's worth it. The kids love it."

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